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Journal of the Senate

EXTRA SESSION OF 1923

NUMBER ONE.

Senate Chamber, Lansing,

Tuesday, December 4, 1923.

Pursuant to a proclamation of Hon. Alex. J. Groesbeck, Governor of the State of Michigan, calling the Legislature to meet in extraordinary session, the Senate convened in the Senate Chamber in the Capitol, at Lansing, on Tuesday, the fourth day of December, 1923, at two o'clock p. m., and was called to order by Hon. Thomas Read, Lieutenant Governor of the State of Michigan and President of the Senate.

Rev. J. Warren Leonard of the Church of Christ of Lansing, offered prayer.

By direction of the President, the Secretary (Dennis E. Alward), called the roll of the Senate and the following named Senators, a quorum of the Senate, answered to their names:

First District-Walter J. Hayes.
Second District-Joseph Bahorski.
Third District-Arthur E. Wood.
Fourth District-George M. Condon.
Sixth District-Donald C. Osborn.
Seventh District-Harry H. Whiteley.
Eighth District-George Leland.
Ninth District-James Henry.
Tenth District-Burney E. Brower.
Eleventh District-John W. Smith.
Thirteenth District-Henry T. Ross.
Fourteenth District-Frank L. Young.
Fifteenth District-George G. Hunter.

Sixteenth District-Charles R. Sligh.

Seventeenth District-Thomas H. MacNaughton.
Eighteenth District-Foss O. Eldred.

Nineteenth District-Norman B. Horton.

Twenty-second District-Harvey A. Penney.
Twenty-third District-William M. Connelly.
Twenty-fourth District-Augustus H. Gansser.
Twenty-fifth District-Bernie L. Case.

Twenty-sixth District-Orville E. Atwood.
Twenty-eighth District-Horatio S. Karcher.
Twenty-ninth District-William J. Pearson.
Thirtieth District-Frank P. Bohn.

Thirty-first District-Walter F. Truettner.
Thirty-second District-James M. Wilcox.

The following named Senators were absent:
Fifth District-Oscar A. Riopelle.
Twelfth District-Andrew B. Glaspie.
Twentieth District-Godfried Gettel.
Twenty-first District-0. G. Johnson.
Twenty-seventh District-William L. Case.

Mr. Henry moved that the absentees without leave be excused from today's session.

The motion prevailed.

The President laid before the Senate a communication from the Secretary of State, which was read, as follows:

State of Michigan,
Department of State,

Lansing, December 3, 1923.

Hon. Dennis E. Alward,

Secretary of the Senate,

Lansing, Michigan.

Dear Sir:

I have the honor to herewith transmit certified copy of a proclamation of the Governor issued November 15, 1923, convening the Legislature in extraordinary session December 4, 1923.

Very respectfully,
CHAS. J. DeLAND,
Secretary of State.

By direction of the President the Secretary read the proclamation of the Governor calling the Legislature to meet in extraordinary session, as follows:

State of Michigan,
Executive Office,
Lansing.

To All Whom It May Concern:
Greeting:

By virtue of the authority vested in me as Governor of the State of Michigan, I hereby call the Legislature of the State to meet in extraordinary session on December fourth, 1923, at two o'clock in the afternoon, for the purpose of considering legislation to provide for the rearranging of the senatorial districts and apportioning anew the representatives among the counties and districts as provided by the Constitution of the State of Michigan.

(Seal)

Given under my hand and the Great Seal of the State
this fifteenth day of November in the year of our
Lord one thousand nine hundred and twenty-three, and
of the Commonwealth the eighty-seventh.
ALEX. J. GROESBECK,

By the Governor,

CHARLES J. DeLAND,
Secretary of State.

Governor.

The State of Michigan,
Department of State.

To All to Whom These Presents Shall Come:

I, Charles J. DeLand, Secretary of State of the State of Michigan and Custodian of the Great Seal thereof, Do Hereby Certify that the attached copy is a true and compared transcript of a proclamation of the Governor issued November 15, 1923, convening the Legislature in extraordinary session December 4, 1923, the original of which is on file in this office.

(Seal)

In Testimony Whereof, I have hereunto set my hand and affixed the Great Seal of the State at the Capitol, in the City of Lansing, this Third day of December, A. D. 1923.

CHARLES J. DeLAND,
Secretary of State.

Notification to the Governor.

Mr. Brower offered the following resolution:

Senate resolution No. 1.

Resolved, That the Secretary inform the Governor that a quorum of the Senate has assembled and that the Senate is ready to proceed with the business of the extraordinary session.

The resolution was adopted.

Notification to the House.

Mr. Atwood offered the following resolution:

Senate resolution No. 2.

Resolved, That the Secretary inform the House of Representatives that a quorum of the Senate is present and that the Senate is ready to proceed with the business of the extraordinary session.

The resolution was adopted.

Printing of Bills.

Senate rule No. 41 suspended.

Mr. Whiteley offered the following resolution:
Senate resolution No. 3.

Resolved, That Senate rule No. 41, which reads as follows: "Every bill shall have been printed and in the possession of the Senate at least five days before the vote on the final passage of the same is taken," be and is hereby suspended during the present extraordinary session.

The resolution was adopted, two-thirds of all the Senators voting therefor.

Assistant Sergeant-at-Arms.

Mr. Henry offered the following resolution:

Senate resolution No. 4.

Resolved, That the President be and is hereby authorized to appoint Harvey J. Slonaker of Van Buren County, Assistant Sergeant-at-arms in place of Edward J. Nash, deceased.

The resolution was adopted.

The President thereupon announced the appointment of Harvey J. Slonaker as Assistant Sergeant-at-arms.

Harvey J. Slonaker, Assistant Sergeant-at-arms-elect, then came forward, took and subscribed the constitutional oath of office, which was administered by the Lieutenant-Governor, and entered upon the discharge of his duties.

Mr. Brower offered the following resolution:

Senate resolution No. 5.

Resolved, That during the present extraordinary session the Committee on Apportionment be assigned to Senate Committee Room "O."

The resolution was adopted.

Messages from the Governor.

A message from the Governor was received and was read, as follows:

State of Michigan,
Executive Office, Lansing.

To the Members of the Legislature:

The present session was called because the Constitution of the State makes it mandatory upon the Legislature in each tenth year after the session of 1913 to re-arrange the Senatorial districts and apportion anew the representatives among the counties and districts according to the number of inhabitants as determined by the Federal Census. During the regular session little opportunity was afforded to properly consider this vital constitutional requirement. Inasmuch, however, as an equitable determination of this issue is now the main purpose of your deliberations, a meritorious measure complying with the spirit as well as

the letter of the Constitution should be carefully considered and adopted unhampered by any extraneous problems. The provisions of the fundamental law guiding us embody one of the most basic principles of American government,— that of representation according to population. To give practical effect to this provision and to assure its permanence in fact as well as in principle, the founders of the Republic with the foresight which characterized all their acts in preserving the people's rights imposed upon the legislative branch of the state and national governments the constitutional obligation of equalizing representation by definite periodical apportionments to meet the changes in population. The sections of our Constitution are in no respect uncertain or ambiguous. They contemplate an equality of representation as near as may be consistent with the exercise of a fair discretion on the part of the Legislature. It is with this thought in mind that the subject is now submitted for your careful consideration.

Respectfully,

OESBECK.

Lansing, Michigan.

December 4, 1923.

The message was referred to the Committee on Apportionment.

The following message from the House of Representatives was received and read:

To the President of the Senate:
Sir:

December 4, 1923.

I am instructed by the House of Representatives to inform the Senate that a quorum of the House of Representatives was present at the opening of the Special Session at 2 o'clock p. m., this date, and that the House is ready to proceed with the business of the Special Session.

Very respectfully,

CHARLES S. PIERCE, Clerk, House of Representatives.

Introduction of Bills.

Mr. Wood introduced

Senate bill No. 1, entitled

A bill to divide the State of Michigan into thirty-two senatorial districts. The bill was read a first and second time by its title, ordered printed, and referred to the Committee on Apportionment.

Mr. Connelly moved that the Senate adjourn.

The motion prevailed, the time being 2:45 o'clock p. m.

Accordingly, the President declared the Senate adjourned until tomorrow, Wednesday, December 5, 1923, at 2:00 o'clock p. m.

DENNIS E. ALWARD,

Secretary of the Senate.

NUMBER TWO.

Senate Chamber,

Lansing, Wednesday, December 5, 1923.

2:00 o'clock p. m.

The Senate met pursuant to adjournment and was called to order by the President.

Rev. Fr. John W. O'Rafferty of St. Mary's Roman Catholic church of Lansing offered prayer.

The roll of the Senate was called by the Secretary.

Present: Senators Atwood, Bahorski, Bohn, Brower, Bernie L. Case, William L. Case, Condon, Connelly, Eldred, Gansser, Gettel, Glaspie, Hayes, Henry, Horton, Hunter, Johnson, Karcher, Leland, MacNaughton, Pearson, Penney, Ross, Sligh, Smith, Truettner, Whiteley, Wilcox, Wood, Young-30; a quorum.

Absent without leave: Senators Osborn and Riopelle-2.

Mr. Smith moved that the absentees without leave be excused from today's session.

The motion prevailed.

Mr. Gansser offered the following:
Senate resolution No. 6.

WHEREAS: Orders have been issued by the Veterans Bureau at Washington, directing that disabled world war veterans and those suffering from gas poisoning and tuberculosis, shall be moved from Michigan hospitals to the government hospitals near Chicago, Milwaukee and other more distant locations; and

WHEREAS: The American Legion Hospital at Camp Custer, near Battle Creek, Michigan, has been found by medical experts of the U. S. Government to be ideal for the care and rehabilitation of such disabled world war veterans placed there; and

WHEREAS: The medical experts of America are now agreed that such tuberculosis patients are best served near their own homes, where they may have friendly contact with their relatives and friends;

THEREFORE, BE IT RESOLVED: By the State Senate of Michigan, assembled in special session, that we protest such removal of disabled world war veterans from Michigan hospitals, and that we hereby petition the Director of the Veterans Bureau at Washington to permanently revoke such order, and to permit such Michigan patients to remain in the Michigan hospitals, where they desire to remain, and where they will have the direct supervision of their own comrades and the watchful care and encouragement of their own relatives and friends; and

BE IT FURTHER RESOLVED: That copies of these resolutions be forwarded by the Secretary of the Senate to the Director of the Veterans Bureau, to the President of the United States, and to the Michigan members of Congress and of the United States Senate.

The resolution was adopted.

Recess.

Mr. Hayes moved that the Senate take a recess until 3:30 o'clock p. m.

The motion prevailed, the time being 2:15 o'clock p. m.

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